- (1.) IN case No. 119/81 State v. Ram and Ors. the learned Sessions Judge, Bharatpur found accused appellant Pheli Ram guilty under Sections 148, 307/149, and 343/302. He also found accused -appellants Hari Singh, Moolia and Mohanlal guilty under Sections 141, 307/149 and 342 IPC. Accused -appellant Pheli Ram has been sentenced to life imprisonment under Section 302. He has also been sentenced for imprisonment under Sections 148, 342 IPC. Accused -appellants Moolia, Hari Singh and Mohanlal are sentenced for 7 years rigorous imprisonment under Sections 307/149 and they are also sentenced for imprisonment under Section 148 and 342 IPC. Aggrieved by this judgment of the learned Sessions Judge, Bharatpur dated 13 9 -1983 accused -appellant Pheli Ram filed an appeal in this Court which has been registered at serial number 445/83 and other accused -Harisingh, Moolia and Mohanlal also filed an appeal before this Court which has been registered at serial number 426/83. Both the appeals are against one judgment and appeal No. 445/83 was D.B. matter so appeal No. 426/83 was also listed for hearing before the Division Bench on 29 -11 -83.
(2.) ARGUMENTS were heard on both the appeals. As stated earlier that both the appeals are against one judgment of the Sessions Judge apart from this a common question of law and fact is involved in both the two appeals so the appeals are being disposed of by a common judgment. Briefly stated the facts of the case are that in the intervening night of 16th and 17th March, 1981 at 3.15 hours a telephonic message was received by Shri Gainda Singh, the then Station House Office, Police Station, Kumher to this effect that a dacoity is being committed in village Helak in a house which falls in the jurisdiction of Police Station, Kumher. On receipt of this information Shri Gainda Singh along with other police employee reached village Helak where he found that no dacoity had been committed there but is committed in a nearby village Gandhi Nagar. This information was given to Gainda Singh by the villagers at Helak. On receiving this information the Police party reached village Gandhi Nagar. There they found some senior police officers from Bharatpur and Police Station Sewar. It was also found that a lot of persons were standing infront of the house of deceased Mangal and dead body of a person was also lying there. A number of injuries were found on the person of the deceased. It has been further alleged that at the time when Gainda Singh reached Gandhinagar, a written report was submitted to him by the accused -appellant Pheli Ram with following facts.
(3.) IN the night intervening between 16th and 17th March, 1981 at about 130 hours, when they were discussing the pain of delivery of the wife of Vinay Singh son of the accused -appellant Pheli Ram at the time 10 to 12 miscreants armed with gun, 'Barchhi' 'Farsa' 'lathi' etc. came into his hoxise through the gate on Eastern side of the house in the rear. On seeing the dacoits Moolia, younger brother of the accused -appellant Pheli Ram began to make a hue and cry. On this the dacoits began to fire. Seeing the danger of his life and property Pheli Ram took out hsi. 12 bore gun and fired gun shots taking the shelter of a wall. On this rag miscreants ran away firing the gun shots. After some time when there was no indication of gun fires. Pheli Ram and his companions went ahead. Then they found one dead body outside the gate of their house, which was of one of the dacoits. They inflicted lathi blows on that dead -body. In the mean time lot of the persons from the village collected there. Pheli Ram and others followed the dacoits also but they did not catch any of them. Then they went to the Railway Station Helak to communicate the message to Police Stations Kherli, Nad -bai and Bharatpur.;